(2 months, 1 week ago)
Commons ChamberFirst, I commend the hon. Gentleman for visiting his local prison, as doing so is extremely valuable and I am grateful for his feedback. He raised a number of issues and I would be happy to write to him, but may I just deal with one thing in particular? We ask prison officers to do an extremely difficult job; they need to be robust, but sometimes they have to be sensitive. To assist them in doing so, we are ensuring, first, that they are paid properly, and so we accept every last penny of the Prison Service pay review body recommendation. Secondly, we are rolling out body-worn video, so that they know that if a situation looks like it is escalating, the evidence will be there—that provides a powerful deterrent effect. Thirdly, and finally, we are reducing attrition. I hope he will agree that experienced prison officers are the ones who can make those tough decisions on when to be tough and when, metaphorically speaking, to offer that hand of support.
Clearly, there is pressure on the prison estate. I appreciate that some of the challenge to the Justice Secretary’s statement today is about many thinking that we are not keeping in prison people who should be there, but there is also a problem of some people being sent to prison who should not be there. He will be aware of my police officer constituent who one minute was hailed a hero for apprehending a violent criminal and the next found himself in Wandsworth prison.
There is a slight irony, given this statement, that the Government intend to put further pressure on the estate through clauses in their Criminal Justice Bill proposing the imprisonment of beggars and rough sleepers. Given what he is saying today, will he consider supporting the amendments tabled by my hon. Friend the Member for Harrow East (Bob Blackman), and supported by myself, my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) and many others from across this House, that would remove the intention to imprison rough sleepers and beggars?
My hon. Friend assiduously raises matters on behalf of her constituents and is going to be such a loss to this House. She indicates in that question why she will be. Of course, I cannot comment on the specific circumstances relating to her constituent, because of the independent trial process. The Criminal Justice Bill contains Home Office measures, but I will ensure that the Home Secretary is aware of the points she has raised.
(4 years, 2 months ago)
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My hon. Friend makes a characteristically pertinent point. That is a non-exhaustive list, which is an important consideration to bear in mind. The proper points that he made are not lost completely on some charging prosecutors, and that is an important part of the context.
If that is the case, let us scrap section 21. Then there would be no prescribed list, and a definition of “position of trust”, which the CPS is clearly working on, could include sports coaches, driving instructors and music teachers.
An interesting balance has to be struck. On the one hand, this place properly might want to prescribe where that happens, allowing no discretion for the CPS, but on the other hand, there may be a relevant public policy interest in saying to prosecutors that in other cases there is wider discretion. I have already made the point that in 2003 Parliament decided to draw a distinction that appears to focus on circumstances in which the state has a particular role in caring for the individual. That is something to be considered.
In 2019 the Government, recognising the concerns powerfully and properly expressed by my hon. Friend the Member for Chatham and Aylesford, began a review of the law on such abuses of positions of trust. Notwithstanding the narrow focus of this debate—on sports coaches—concerns about scope range far wider, as indicated by my neighbour, my hon. Friend the Member for Gloucester (Richard Graham). That is why the review also took account of the IICSA report—independent inquiry into child sexual abuse—on the Anglican Church, which focused on the diocese of Chichester and the response to allegations against Peter Ball, a former bishop who in 2015 pleaded guilty to a series of sex offences. Recommendation 3 of that report stated:
“The government should amend Section 21 of the Sexual Offences Act 2003 so as to include clergy within the definition of a position of trust. This would criminalise under s16–s20 sexual activity between clergy and a person aged 16–18, over whom they exercise pastoral authority, involving the abuse of a position of trust.”
Other settings might conceivably be relevant, such as youth clubs and scouts—as Baroness Blatch pointed out in 2003—and drama groups, choirs, Army cadets and learner drivers, whom my hon. Friend the Member for Gloucester has done such a good job of drawing to the attention of the House.
Ministry of Justice officials have engaged with a wide range of stakeholders across youth and criminal justice sectors, including, in the area of faith and religion, the Anglican dioceses of Chichester and Lincoln, the Board of Deputies of British Jews, Gardens of Peace, the Hindu Council UK, Marriage Care, the Sikh Council UK and St Philip’s Centre. In the sporting sector, the review team has heard from British Canoeing, British Fencing, British Gymnastics, the Football Association, the Lawn Tennis Association, the Royal Yachting Association, the Rugby Football League, the Rugby Football Union, Sport England and Swim England—I could go on.
A huge number of people have been consulted on this important issue. Officials have gone beyond those two areas to speak to youth organisations, including the National Citizen Service, the National Youth Agency, the Scouts and Volunteer Police Cadets. Those discussions were candid and wide ranging, and views were shared throughout the process. On behalf of the MOJ, I am extremely grateful to those who have given of their time for that important process.
A number of themes and suggestions emerged during the review, and it is right to note that many were non-legislative in nature. They included the better provision of education, the consideration of the effectiveness of the DBS system in practice, raising awareness and understanding of what grooming and genuine consent really look like, and the measures needed to protect young people from this type of abusive behaviour. Many measures can be taken alongside any potential changes to criminal law, which I am not ruling out at all—we will look at them very carefully. It is important to note that they deserve careful consideration.
Before the Minister concludes, will he give two guarantees? First, will he meet the NSPCC, which is asking not for guidance but for the legislative loophole to be closed? It is the country’s largest child protection charity and it ought to be listened to with respect for the campaign that it has run for a long time. Secondly, will he listen to some audio of former athletes who were abused or were in coercive relationships with their coaches? Once he has listened to their stories and the likes of Sport England and the Child Protection in Sport Unit, perhaps he will come to a different conclusion and take a different path.
Yes, of course I will be delighted to meet the NSPCC. Secondly, if my hon. Friend wants to send me footage to listen to, I will gladly listen to it. My door remains entirely open if she would like to take up these matters further with me.
I invite my hon. Friend not to presuppose what road the Ministry or I am on. In the short period that I have been seized of this matter, I have recognised its urgency and pressing nature. I have, I hope, properly adverted to the fact that there are complexities that needs to be ironed out. The singular injustice to any victims would be that, in a legitimate attempt to improve safeguarding, we undermine public confidence in it. That is why we have got to get this right—because, ultimately, safeguarding young people will remain a relentless focus of this Government.
Question put and agreed to.